INTELLECTUAL PROPERTY
must be considered in determining confusing similarity.
• IP refers to creations of the mind: inventions, literary and
artistic works , and symbols, names, images and designs
used in commerce.
• only registered when you have a unique product
Article XIV, Sec. 13
“The state shall protect and secure the exclusive right of scientists,
investors, artists and other gifted citizens to their intellectual
property and creations, particularly when beneficial to the people
for such period as may be provided by law.”
By intellectual creations, the following persons acquire ownership
(ACPS) :
- the AUTHOR , with regard to his literary, dramatic, historical,
legal, philosophical, scientific or other work;
- the COMPOSER, as to his musical composition;
- the PAINTER, SCULPTOR or other ARTIST, with respect to
product of his art ;
- the SCIENTIST or TECHNOLOGIST or any other person with
regard to his discovery or invention
TRADEMARK
• Trademark – any visible sign capable of distinguishing the
goods (trademark) or services (service mark) of an
enterprise; includes stamped or marked containers of
goods.
TYPES OF
TRADEMARKS
• word (wordmark), e.g. Google
• symbol or device (figurative mark), e.g. Mercedez Benz logo
• Composite mark, e.g. Jollibee with the bee
• Slogan, e.g. Nike’s Just do it
• Stamped or marked container, e.g. SMB
TESTS
• Dominancy Test - If the competing trademark contains the
main or essential or dominant features of another, and
confusion and deception is likely to result, infringement
takes place
• Holistic Test – requires the entirety of the competing marks
Trademarks in their entirety as applied to the products,
including labels and packaging are considered. It is not
enough to consider their words and compare the spelling
and pronunciation of the words.
In Mc Donald’s Corporation v. MacJoy Fastfood Corp., G.R. No.
166115 (2 Feb 2007) , the SC said : “Applying the dominancy test to
the instant case, the Court finds that herein petitioner’s
“MCDONALD’S” and respondent’s “MACJOY” marks are confusingly
similar with each other such that an ordinary purchaser can
conclude an association or relation between the marks. The Court
said that while it agreed with the CA’s enumeration of the
differences between the two marks, it believed that the dominancy
test was the one suitable in this case.  It noted that both
McDonald’s and MacJoy used the corporate “M” design logo and
the prefixes “Mc” and/or “Mac” as dominant features.
- copying logos or taglines - trademark infringement
COPYRIGHT
• confined to literary and artistic works which are original
intellectual creations in the literary and artistic domain;
protected from the moment of their creation.
• Copyright infringement - tattoo artist filing a lawsuit against
Warner Bros for using his design
WHAT MAY BE COPYRIGHTED:
• Works – original intellectual creations in the literary and
artistic domains. Particularization:
• books, pamphlets, articles, and other writings
• periodicals and newspapers
• lectures, sermons, addresses, dissertations prepared for oral
delivery (even if not written down)
• letters
• dramatic/dramatico-musical compositions; choreographic
works or entertainment in dumb shows
• musical compositions (even if w/o words)
• works of drawing, painting, architecture, sculpture,
engraving, lithography, or other works of art; models or
designs of works of art
• original ornamental designs, models for articles of
manufacture, other works of applied art
• illustrations, maps, plans, etc. relative to geography,
topography, architecture and science
• drawings/plastic works of a scientific or technical character
• photographic works, lantern slides
• AV and cinematographic works
• pictorial illustrations and advertisements profit or otherwise; if not reproduced in copies for sale, to sell any
manuscripts or any record whatsoever thereof “
• computer programs

• other literary, scholarly, scientific and artistic work PATENTS

2 requirements of a copyrightable work:

• Originality ( independently created)

• Expression ( there must be a fixation or a tangible medium

which contains the copyrightable work)

> Published work means that the work has been disseminated to the
public prior to registration.

> Unpublished work means that the work has not been
disseminated to the public at the time of registration.
• Patentable inventions – any technical solution of a problem
Uncopyrightable works (3 broad classes) in any field of human activity which is new, involves an
inventive step, and is industrially applicable.
• Idea, procedure, etc. not intangible form

• News of the day and other miscellaneous facts having the

character of mere information

• Official text of a legislative, administrative or legal nature

PLAGIARISM vs COPYRIGHT INFRINGEMENT

• Plagiarism – claiming/implying original authorship or

incorporating materials from someone else’s work into
one’s own w/o adequate acknowledgment. Concerned with
the unearned increment to the plagiarizing author’s
reputation achieved thru false claims of authorship

• Copyright infringement – violation of the rights of the

copyright holder; pertains more to the economic side

Reproduction by libraries

Requisites:

1. library/archive is not for profit

2. single copy

3. any of the ff. conditions:

– work cannot be lent to user in its original form

because of its rarity or fragile character

– works are isolated articles and for expediency in

providing such

4. for replacement, if copies are not available with

publisher

Example:

• Tan – owner of a restaurant; hired a ‘combo’

“To exhibit, perform, represent, produce, or reproduce the

copyrighted work in any manner or by any method whatever for